Criminal legislation - the general history of the state and law. Volume 2

2. Criminal law

Criminal codes.

After the First World War and to our time, quite a few new criminal codes and drafts of such codes were published. In different countries, new military or criminal laws have been revised or revised radically.

Most new criminal codes (excluding, of course, fascist ones) continue to formally declare bourgeois-democratic principles, combining them more or less with the implementation of the idea of ​​a reactionary sociological school, especially in the field of punishment. A number of criminal codes, along with penalties, are introduced by the so-called "security measures", appointed or independently of the commission of a crime (for habitual criminals, vagrants, beggars, etc.), or in addition to penalties (the so-called "preventive detention" , after serving the sentence for sexual and other criminals), or as an independent measure "instead of" punishment. Many of the criminal codes provide for new offenses relating mainly to crimes against the existing system, against the external security of the state, against the order of government, etc.

Exclusive laws.

Not criminal codes serve, however, mainly to the terrorist tasks of the imperialist states. This goal is carried out by the so-called exclusive laws issued after the First World War in a number of states and openly directed against the revolutionary movement, against the Communist Parties, against the workers' organizations of the leftist trade unions, against the progressive press.

The laws in question are called "exclusive laws" for various reasons: either because they were often issued in an unconstitutional order, that is, in other words, with violation of the basic laws of the state, or because they are content in contradiction with the current basic laws and, therefore, are essentially illegal, or because they, in contradiction with the principles of formal equality, put whole groups of citizens in an exceptionally serious state of repression, or because they are openly directed against the revolutionary movement, against anti-fascist de or, finally, because they use for their counter-revolutionary purposes exceptional measures of repression that are inherently severe and not provided for by law.

The Italian Exclusive Act of 1926 "On the Protection of the State" introduced the death penalty, abolished in Italy 27 years before the publication of this law, for a number of political crimes and created an extraordinary tribunal for the protection of the state with the application of the procedural laws of wartime.

Japanese Exclusive Act of 1923 "On the spread of false rumors" "Who incites through the press, letter or in any other way to commit violence, rebellion or other criminal acts that threaten the life, health or property of others, or who devises any dangers to the public peace in order to violate the public peace and security, or who spread false rumors in order to mislead the people - is punishable by hard labor or prison for up to 10 years or a fine of up to 3,000 yen. " This law was replaced in 1925 by another exclusive law "On the Protection of Public Security", aimed mainly at suppressing the communist movement. He further expanded the range of actions that were recognized as crimes against Japan's state system or against private property, and imposed severe repressive measures for them.

An exceptional character is adopted in November 1934 in England, the "Law on the Introduction of Troubles," punishing those who "... with intent and intention will try to ward off any of the persons belonging to his Majesty's troops, from fulfilling their duty or shaking their loyalty to His Majesty ", as well as those who keep documents (written or printed), the distribution of which in the troops would constitute the above crime.

The number of similar exceptional laws is great. Such are, for example, laws that directly or indirectly target communist parties; in Austria - the law of 1933, which banned all activities of the Communist Party; in Argentina - the law of 1939, which prohibited the legal existence of the Communist Party; in Belgium - the law of 1934 on complicity in military offenses, on punishment for public arousal, systematic propaganda, etc .; in Germany - "The Law on the Protection of the Republic"; 1922 and "The Law for the Protection of the Republic and the Peace of the Country" 1930, not to mention the numerous exceptional laws of the Hitlerites; in Greece - the law of 1929, which forced the Communist Party to go underground, and the law of 1933 that replaced it, "On measures to combat communism and its consequences," which further aggravated repression; in Romania - the law of 1937, although not directly calling the Communist Party, but actually having it in mind; in Poland - the law of 1938, providing for crimes against the defense of the state, against the national economy, the independence of the state, public policy; in Finland - the exclusive law of 1939 and many others.

Among the exceptional laws directed against strikes, it is sufficient to point out the English law of 1927, which received the nickname of the "Charter of strikebreakers"; the Austrian law of 1933, forbidding on pain of punishment all the strikes that do not have their sole purpose to improve the working conditions, and, in addition, whatever their purpose, any strikes in enterprises run by the Union government or local self-government bodies , in transport and related enterprises, in enterprises supplying gas, water or electricity, as well as in all general enterprises, "especially important in terms of public interest"; the Danish law of January 31, 1933, which banned the strike for one year, etc.

From the anti-strike laws of the United States, it should be noted Hobbes's law, punishing imprisonment for up to 20 years for "interference in interstate commerce" and directed against striking workers (as interfering with such trade), and the above-mentioned Taft-Hartley Act of 1947

The laws against attempts at external security of the state The preparation of capitalist countries for new imperialist wars, which was particularly aggressive in the countries of fascist tyranny, caused both a lively activity in issuing special laws both in these countries and in countries that could become a victim of aggression , aimed at protecting the external security of the state, especially laws against espionage.

Not only the big imperialist countries, but also the small states that could be drawn into the war to some extent, feverishly review their legislation on the external security of the state, expand the composition of some crimes, introduce other new formulations, give their governments exclusive , in a number of cases, non-constitutional powers to combat crimes against external security and strengthen the penalties for such crimes.

In particular, the concept of espionage expands in all these laws. Given the decisive role of the economy in the conduct of modern wars, the new laws are aimed at the widest possible coverage of the concept of espionage of all kinds of economic information.

Of the number of offenses that have developed in modern legislation and directed against external security, it should be noted the so-called "diplomatic treason", i.e., actions to the detriment of their state with the use of their official position by members of the diplomatic corps and in general persons leading but negotiating with their government, negotiations with other states.

In England, the first of the laws against offenses against external security of the period under consideration is the "Incitement to Disobedience Act" 1934, directed against revolutionary propaganda in the army and navy. In 1939, England issued a law "On Emergency Powers of the Government for Defense", which established the de facto dictatorship of the government by granting him, in essence, unrestricted right to promulgate laws in the form of decrees of the "King in the Council" (that is, having the force of law of Cabinet decrees, taken under the leadership of the Prime Minister and signed by the King). In 1940, a new law was adopted, known as the Law on Public Salvation, which further expanded the powers of the government and gave him the authority to issue the decrees of the "king in council" aimed at defending the country and imposing defensive duties on citizens. This law gave the opportunity to use it against the interests of the working people. The Second Law "On the Emergency Powers of the Government" 1940 granted the government the right to establish for military reasons, special courts for accelerated consideration of cases of persons not belonging to the army and navy

The decrees issued on the basis of the emergency powers of the government were used to create new crimes, namely "to assist the enemy" and sabotage (i.e., acts aimed at reducing the usefulness of ships, aircraft and other means of communication, machinery, etc., or preventing their use).

Finally, it is necessary to note the new English law on the treason of 1940, which in effect took the place of the unchanged law of treason of 1351. The new law provided for only one penalty - the death penalty -

In the United States in 1933, a new law was issued on the protection of state secrets, that is, about espionage. The law does not explicitly mention economic espionage, but it is formulated so vaguely that under its action, the issuance of secret information of any kind can be brought.

In Germany, specifically against economic espionage, an emergency decree was sent on March 9, 1932. "On Measures to Protect the Economy," which introduced the offense of industrial espionage. The fascist spying law of 1934 was marked by an extreme expansion of the notion of espionage (for example, even the "discussion of state secrets of the past") was admitted as a punishable espionage "and the vague language that opened up unlimited opportunities for judicial arbitrariness.

The exceptional detail was distinguished by the head of the Italian Fascist Criminal Code of 1930, known as the "Crime Against the Personality of the State as a Member of International Communication." In this chapter, 35 articles, in which a variety of actions were envisaged with scrupulous thoroughness, usually covered by generally accepted offenses against external security, such as: "bribing a citizen by an alien", "military favor", "supplying the enemy with stocks", "economic "defeatism", "antinational activity of a citizen abroad" and so on. Here, too, the so-called "abuse of trust in the performance of state commissions", formulated more broadly than the composition of diplomatic treason, was foreseen. A number of articles are devoted to espionage. The concept of the object of espionage is formulated so broadly ("the information that in the interests of state security or in general the political interests of the state, both domestic and international, must remain a secret") that they cover any information of an economic nature. In 1934, a royal decree followed, containing a detailed enumeration of industrial, financial and other information, the disclosure of which was considered a violation of military secrets.

In Poland, in 1928, a special law on espionage was issued, charging for the transfer to someone "... of information, documents and other items that, from the standpoint of the good of the Polish state, must be kept secret from the government of another state" . The Polish Criminal Code of 1932 also introduced diplomatic treason (punishment - to life imprisonment). Decree of 1938. "On the Protection of Certain State Interests". is dedicated to "crimes against the defense of the state and against the national economy", "crimes against the independence of the state" and others

The French law on espionage in 1934 is also characterized by extreme details of the composition of espionage. There are 20 articles in it. The law explicitly mentions the transfer of information of "economic nature important from the point of view of protection or economic mobilization of the national territory".

These are only the largest special laws of the new time, aimed at protecting external security. In order to properly evaluate them, one must bear in mind that these laws were often directed not so much against attempts at external security as against the Communist parties, the workers 'movement, the workers' unions and the progressive press. On the basis of these laws, the activity of various workers' organizations was banned in a number of cases, strikes were banned and suppressed, leftist newspapers were closed, etc.

Laws issued for colonies.

The system of colonial exploitation and oppression of the working masses of the native population is provided by the imperialist countries along with extra-legal means, also with the help of criminal laws aimed at combating not only the revolutionary and national liberation movement of peoples in the colonies, but also with the slightest attempts to resist colonial exploitation . The repressions against the working people in the colonies rest, however, not so much on the law as on the legalized arbitrariness of the enslavers of the colonies. Nevertheless, criminal laws play a certain role in the system of terrorist actions of the imperialist states against the native population. This explains that in connection with the growth of the revolutionary and national liberation movement in the colonies after the First World War, criminal legislation for the colonies has grown. Colonial criminal codes issued by the imperialist countries consist, as a rule, of codes applicable only to the natives. Europeans are judged in the colonies according to the laws of their country. If, on the other hand, colonial codes are distributed to Europeans in some cases, or if special codes for Europeans are issued for some colonies, this is of no practical importance, since the courts in the colonies consist exclusively of Europeans, who usually provide the accused- Europeans with impunity, regardless of the laws they are judged.

In British India, where the Penal Code of 1860 is in effect, in the modern era special criminal laws were published in addition to it, rightly called "terrorist". Among them is the Bengali Extraordinary Decree of 1931 on Combating Terrorism, aimed at combating the revolutionary movement. The decree gave the police broad powers to use repression against politically suspicious elements, providing, in particular, to the police the right to confiscate property and impose collective fines on entire villages and even areas dangerous to the British imperialists, that is, the right to doom thousands of people literally to starvation. This decree served as the basis for the law of 1932, which declared the whole of British India in a state of war and granted the military and police authorities very broad powers to apply measures of repression. The decree of 1931, the law of 1932 and other similar acts actually pushed the judicial repression to the background, leaving the extrajudicial massacre the main role in the system of tyranny and violence against the native population.

In 1930, England issued the Criminal Code for Uganda, and in 1932 - for Kenya. No matter how severe the system of repression under these codes, it to a very weak degree reflects the actual picture of the violence applied to the natives.

Information about the criminal legislation of France in its colonies is extremely poorly penetrated even in the French press. To characterize the criminal repression in the French colonies, we can cite the provisional law of July 15, 1914 for Algeria, which the French parliament turned into a permanent law in 1930. Under this law, the Governor-General has the right to apply without any court the internment of natives recognized as "suspicious" - in the south of Algeria always, and in the remaining Algerian provinces during the declaration of martial law. In the so-called civil territory Algeria's right of internment has been replaced by the right of the governor-general to send the natives administratively into exile for two years in a number of cases so vaguely formulated that any native can be recognized without any difficulty as being subject to exile.

Deserves to be marked recovery in the colonies (especially English) of corporal punishment, which in fact always existed and have now been officially recognized, sanctioned by the law. This fact perfectly illustrates the notorious civilizational mission of imperialism, about which so many of its defenders are spread.

The laws of recidivists, tramps and beggars. The exceptional growth after the First World War in the capitalist countries of ordinary criminal criminality, especially the property and especially the professional criminality, has prompted the ruling classes to intensify repression in the new criminal codes and to issue special laws for recidivists that increase repression in certain categories of cases, as well as laws against vagabonds and beggars as "carriers of a dangerous state".

The most outspoken and exceptional in its cruelty increased repression of recidivists took place in the United States, where in the period 1928-1930. in a number of states, laws were passed on repeat offenders and criminals being brought to trial for the fourth time. Under these laws, when the act committed as a crime is repeated, the court must sentence the defendant to imprisonment for a period not lower than the maximum of the corresponding article and up to twice the maximum. If the defendant commits a fourth crime, the court must sentence him to life imprisonment.

Special regulations on recidivists, habitual and professional criminals, which vastly reinforce repressions for these categories, contain the Italian Penal Code of 1930, the Polish of 1932 and other special laws of many countries.

But the record of cruelty and arbitrariness in relation to the so-called habitual criminals broke the German fascist law on November 24, 1933. "About dangerous habitual criminals." This law is not limited to reinforcing the punishment for a third crime up to 5 or 15 years of hard labor if the court recognizes that "... criminal acts together suggest that this person is a dangerous habitual criminal" - he gives The court also has the right, "if public security requires it", to decide furthermore on the internment of the convicted person. Internment, that is, placement in an institution, does not differ from prisons, "... continues as long as it seems necessary in terms of tasks pursued by this security measure." If the internee is released, then this "... is only considered a conditional release of release"; if the released person shows his behavior at large, that the tasks pursued by internment require him to be interned, the court will annul the release. But this also does not exhaust the cannibal essence of the law of November 24, 1933, who committed a sex offense and was recognized as "dangerous for sexual morality by a criminal" the court can, in addition to punishment and internment, sentence to castration.

In assessing the laws of habitual and professional criminals, tramps and beggars, one must bear in mind that their vague "rubber" formulations often provide an opportunity to apply these laws not only to criminals, but also to political opponents of capitalist states. To do this, it is sufficient in some cases to recognize an undesirable figure for the ruling classes as a "dangerous habitual criminal."

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